Gross v. The City of New York
- Colleen McMahon
- 1:20-cv-04489
- U.S. District Court · Southern District of New York
- 2
Judge McMahon dismissed Gross v. The City of New York without prejudice because it duplicated Gross’s pending lawsuit.
Abraham Gross’s duplicate lawsuit was dismissed without prejudice, while his substantially similar case under number 20-CV-4340 (CM) remained pending. The City of New York and the other defendants were no longer required to litigate this duplicate action.
What happened
Gross v. The City of New York involved a self-represented plaintiff’s claims that the defendants violated his rights in connection with housing.
The court found that Gross had already filed a substantially similar complaint against the same defendants in a case numbered 20-CV-4340 (CM). It concluded that continuing this duplicate lawsuit would serve no useful purpose.
Judge McMahon dismissed this action without prejudice as duplicative and ended all other pending matters. The court also denied permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith.
The detailed version
- Gross v. The City of New York · No. 1:20-cv-04489
- Colleen McMahon
- July 2, 2020
Background
Abraham Gross, appearing without a lawyer, brought this action against the City of New York and other defendants. He alleged that the defendants violated his rights in connection with housing.
Reason for Dismissal
The court stated that Gross had submitted a substantially similar complaint that was pending under case number 20-CV-4340 (CM). Because the two cases raised the same claims against the same defendants, the court concluded that further litigation of this action would serve no useful purpose.
Ruling
The court dismissed this action without prejudice to Gross’s pending action under case number 20-CV-4340 (CM), specifically describing the dismissal as being because the action was duplicative. The court directed the Clerk of Court to mail the order to Gross and note service on the docket. All other pending matters were terminated. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The court noted that Gross could seek to add new defendants, allegations, or claims by asking to amend the complaint in the pending case in compliance with Rule 15 of the Federal Rules of Civil Procedure.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.